REVOCATION OF DONATION PROPER NUPTIAS

GROUND
Marriage is not celebrated ( Art 86 [1])

Marriage judicially declared void (Art

86 [1])

EFFCT OF DONATION
If the donation is between future
spouses in a marriage settlement,
the donation shall be void under
Article 81
b. Donation is not in the marriage
settlement, may or may not be
revoked by the donor.
a. Void subsequent marriage for
failure to comply with Art 52 and
53 (subsequent marriage without
judicial declaration of nullity of the
first) revoked by operation of
law
b. Subsequent
marriage
after
obtaining judicial declaration of
presumptive death under Art 41,
and both parties are in bad faithrevoked by operation of law
a.

PRESCRIPTION OF ACTION
Period in which to declare the
donation does not prescribe

a.
b.

5 years from the time

marriage does not take place

a.

If done does not want to return the

property, action to recover must be
filed
MOVABLE: Within 8 years from
finalityof judicial declaration of
nullity
REAL: Within 30 years
If done does not want to return the
property, action to recover must be
filed
MOVABLE: Within 8 years from
finalityof judicial declaration of
nullity
REAL: Within 30 years

b.

c.

Marriage contracted without necessary

consent
Marriage is annulled and donee acted
in bad faith

Legal Separation and done acted is

guilty spouse

Resolutory Condition not complied

with

Donee committed an act of ingratitude

(commits a crime, imputes a crime,
refuses to support)

Art. 739 (1) CC Donations between

persons who were guilty of
adultery or concubinage at the
time of the donation- void
d. Donation between persons living
together as husband and wife
without the benefit of marriage
void
e. All other cases may or may not
be revoked by the donor
May or may not be revoked by donor
May or may not be revoked by donor
NOTE: this is contrary to Art. 50 in
relation to Art 43, which says that
donations by reason of marriage
shall be revoked by operation of
law if donee is in bad faith
a. If ground is sexual infidelity and
parties are guilty of adultery or
concubinage void
b. All other grounds may or may
not be revoked by donor
a. If donation is validly made by one
spouse in favor of another spouse
donor spouse may or may not
revoke
b. If donor is not one of the spouse
may or may not revoke
May or may not be revoked by donor

the

c.

Period in which to declare the

donation void does not prescribe

d.

Period in which to declare the

donation void does not prescribe

e.

Donor has option to revoke or not

within 5 years from judicial
declaration

5 years from knowledge that there

was no consent (annulment decree
not required)
a. If view is donor has option to
revoke, within 5 years from
finality of annulment decree
b. If view is revoked by operation of
law, action to recover within 8
years if movable, 30 years if real
a.
b.
a.

b.

Period to which declare the

donation void does not prescribe
Action should be filed within 5
years from finality of legal
separation decree
Does not prescribe because
prescription does not lie between
parties

5 years from happening of the

resolutory condition
Within 1 year from the time the donor
had knowledge of act of
ingratitude and it was possible for
him or her to bring the suit (Art 769
CC)